Texas 2013 - 83rd Regular

Texas House Bill HB2560 Compare Versions

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1	1	83R24349 JSC-D
2	2	By: Thompson of Harris H.B. No. 2560
3	3	Substitute the following for H.B. No. 2560:
4	4	By: Collier C.S.H.B. No. 2560
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the duties of health care facilities, health care
10	10	providers, and the Department of State Health Services with respect
11	11	to care provided to a sexual assault survivor in an emergency
12	12	department of a health care facility.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 323.002(a), Health and Safety Code, is
15	15	amended to read as follows:
16	16	(a) Each health care facility that has an emergency
17	17	department shall comply with Section 323.004. At the request of the
18	18	department, a health care facility that has an emergency department
19	19	shall submit to the department for approval a plan for providing the
20	20	services required by Section 323.004 to sexual assault survivors
21	21	who arrive for treatment at the emergency department of the health
22	22	care facility.
23	23	SECTION 2. Section 323.004, Health and Safety Code, is
24	24	amended by amending Subsections (a) and (b) and adding Subsections
25	25	(a-1), (a-2), (b-1), and (d) to read as follows:
26	26	(a) Except as otherwise provided by Subsection (a-2), after
27	27	[After] a sexual assault survivor arrives at a health care facility
28	28	following an alleged sexual assault, the facility shall[:
29	29	[(1)] provide care to the survivor in accordance with
30	30	Subsection (b).
31	31	(a-1) A facility that is not a health care facility
32	32	designated in a community-wide plan as the primary health care
33	33	facility in the community for treating sexual assault survivors
34	34	shall inform the survivor that:
35	35	(1) the facility is not the designated facility and
36	36	provide to the survivor the name and location of the designated
37	37	facility; and
38	38	(2) the survivor is entitled, at the survivor's
39	39	option:
40	40	(A) to receive the care described by Subsection
41	41	(b) at that facility, subject to Subsection (b-1); or
42	42	(B) to be stabilized and to be transferred to and
43	43	receive the care described by Subsection (b) at a health care
44	44	facility designated in a community-wide plan as the primary health
45	45	care facility in the community for treating sexual assault
46	46	survivors.
47	47	(a-2) If a survivor chooses to be transferred under
48	48	Subsection (a-1)(2)(B), after obtaining the survivor's written,
49	49	signed consent to the transfer, the facility shall [; or
50	50	[(2)] stabilize and transfer the survivor to a health
51	51	care facility in the community designated in a community-wide plan
52	52	as the primary health care facility in the community for treating
53	53	sexual assault survivors, which shall provide care to the survivor
54	54	in accordance with Subsection (b).
55	55	(b) A health care facility providing care to a sexual
56	56	assault survivor shall provide the survivor with:
57	57	(1) subject to Subsection (b-1), a forensic medical
58	58	examination in accordance with Subchapter B, Chapter 420,
59	59	Government Code, if the examination has been requested by a law
60	60	enforcement agency under Article 56.06, Code of Criminal Procedure,
61	61	or is conducted under Article 56.065, Code of Criminal Procedure;
62	62	(2) a private area, if available, to wait or speak with
63	63	the appropriate medical, legal, or sexual assault crisis center
64	64	staff or volunteer until a physician, nurse, or physician assistant
65	65	is able to treat the survivor;
66	66	(3) access to a sexual assault program advocate, if
67	67	available, as provided by Article 56.045, Code of Criminal
68	68	Procedure;
69	69	(4) the information form required by Section 323.005;
70	70	(5) a private treatment room, if available;
71	71	(6) if indicated by the history of contact, access to
72	72	appropriate prophylaxis for exposure to sexually transmitted
73	73	infections; and
74	74	(7) the name and telephone number of the nearest
75	75	sexual assault crisis center.
76	76	(b-1) A person may not perform a forensic examination on a
77	77	sexual assault survivor unless the person has the basic training
78	78	described by Section 323.0045 or the equivalent education and
79	79	training.
80	80	(d) This section does not affect the duty of a health care
81	81	facility to comply with the requirements of the federal Emergency
82	82	Medical Treatment and Active Labor Act of 1986 (42 U.S.C. Section
83	83	1395dd) that are applicable to the facility.
84	84	SECTION 3. Chapter 323, Health and Safety Code, is amended
85	85	by adding Section 323.0045 to read as follows:
86	86	Sec. 323.0045. BASIC SEXUAL ASSAULT FORENSIC EVIDENCE
87	87	COLLECTION TRAINING. (a) A person who performs a forensic
88	88	examination on a sexual assault survivor must have at least basic
89	89	forensic evidence collection training or the equivalent education.
90	90	(b) A person who completes a continuing medical education
91	91	course in forensic evidence collection that is approved by the
92	92	appropriate licensing board is considered to have basic sexual
93	93	assault forensic evidence training for purposes of this chapter.
94	94	(c) The department may approve training programs under this
95	95	section, including programs developed and implemented by hospitals
96	96	for hospital staff.
97	97	(d) Each health care facility that has an emergency
98	98	department and that is not a health care facility designated in a
99	99	community-wide plan as the primary health care facility in the
100	100	community for treating sexual assault survivors shall develop a
101	101	plan to train personnel on sexual assault forensic evidence
102	102	collection.
103	103	SECTION 4. Chapter 323, Health and Safety Code, is amended
104	104	by adding Sections 323.007 and 323.008 to read as follows:
105	105	Sec. 323.007. SEXUAL ASSAULT SURVIVORS WHO ARE MINORS.
106	106	This chapter does not affect the working protocols set forth by
107	107	multidisciplinary teams under Subchapter E, Chapter 264, Family
108	108	Code, to ensure access to specialized medical assessments for
109	109	sexual assault survivors who are minors. To the extent of a
110	110	conflict with Subchapter E, Chapter 264, Family Code, that
111	111	subchapter controls.
112	112	Sec. 323.008. DATA PUBLICATION. The department shall post
113	113	on the department's Internet website a list of all hospitals that
114	114	are designated in a community-wide plan as the primary health care
115	115	facility in the community for treating sexual assault survivors.
116	116	SECTION 5. This Act takes effect September 1, 2013.